JANAKI KHANDASARI SUGAR MILLS Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) THE petitioners in these Writ Petitions, who are the owners of Khandasari sugar manufacturing units, have challenged the provisions of the Karnataka Khandasari Sugar Manufacturers Licensing Order, 1980 (Annexure -F). They have also sought for a declaration that the Sugarcane (Control) Order, 1966, is ultra vires the power of the Central Government conferred on it under the Essential Commodities Act, 1955 ('the Act' for short).

(2.) THE facts and circumstances including the prayer in these petitions being common, we propose to dispose of these Writ Petitions by a common order.

(3.) HAVING regard to the arguments advanced by Sri K. Srinivasan, learned Counsel for the petitioners in these petitions, Sri K. Shivashankar Bhat, learned Senior Standing Counsel for the Central Government appearing for respondent No. 1 and Sri M. R. Achar, learned Government Advocate appearing for the State Government, the following points arise for our consideration: (1) Whether the Sugar -cane (Control) Order, 1966, issued by the Central Government in exercise of the powers conferred under the Essential Commodities Act, 1955, is ultra vires the provisions of Section 3 of the said Act ? (2) Whether the impugned orders are violative of Articles 301, 302 and 304 of the Constitution of India ? (3) Whether the Karnataka Khandasari Sugar Manufacturers Licensing Order, 1980, issued by the State Government in exercise of the power delegated by the Central Government is valid ?